These Terms were last updated on February 10, 2017.
Invesco Ltd. is the parent company of various Invesco entities, including Jemstep. Some of these entities, including Invesco PowerShares Capital Management LLC, Invesco Management Group, Inc., Invesco Advisers, Inc., Invesco Private Capital, Inc., WL Ross & Co. LLC, Invesco Investment Advisers LLC and Invesco Senior Secured Management, Inc., are investment advisers registered with the Securities and Exchange Commission. Invesco Distributors and Invesco Capital Markets, Inc. (dba Zedd Securities) are broker-dealers and members of FINRA. Invesco Trust Company a Texas trust company.
1. No investment advice or recommendations
The Web Site/Mobile Apps and their content are provided as a public service to the customers of Jemstep and are for information and education purposes only. None of the information provided through the Web Site/Mobile Apps constitutes investment advice, investment management service or advisory service, and the views expressed should not be taken as advice to buy or sell any security. Decisions based on information contained or provided through the Web Site/Mobile Apps are your sole responsibility and at your own risk.
Nothing on or in the Web Site/Mobile Apps shall be considered a solicitation or offer to buy or sell any security, future, option or other financial instrument or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews provided through the Web Site/Mobile Apps are intended to be general in nature. While intended to be helpful, these overviews are no substitute for professional tax, financial or legal advice. Investors should seek such professional, financial or legal advice for their particular situation.
If you wish to obtain further details about any information contained in our Web Site/Mobile Apps, please select or click here to contact us.
The views expressed through the Web Site/Mobile Apps were prepared by Jemstep based upon the information available at the time such views were written. Changed or additional information could cause such views to change.
2. Jurisdictional issues and applicable law
Unless otherwise specified, Jemstep controls, operates and services the Web Site/Mobile Apps from our offices within the State of Texas, United States of America. The services and products described and information provided through the Web Site/Mobile Apps are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject the Jemstep or any of its affiliated persons to any registration requirement within such jurisdiction or country. Persons who access the Web Site/Mobile Apps do so on their own initiative, and are responsible for compliance with applicable local laws or regulations.
The laws of the State of Texas and applicable U.S. federal law shall govern these Terms. If you take legal action relating to these Terms, you agree to file such action only in state court in Harris County, Texas, or federal court within the Southern District of Texas, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
3. Modification of Web Site/Mobile Apps
Jemstep reserves the right, at our discretion, to change these Terms and the contents of the Web Site/Mobile Apps at any time without further notice by posting updated Terms here. We suggest that you review these Terms periodically for changes. The Terms can be accessed from links on the home page and other pages of the Web Site. If you use the Web Site/Mobile Apps after we post changes to these Terms, you accept the changed Terms. Jemstep and its affiliates may also offer other services from time to time that are governed by different terms and conditions.
4. Monitoring of web site
Jemstep expressly reserves the right to monitor any and all use of the Web Site/Mobile Apps. Jemstep is under no obligation to do so and assumes no responsibility or liability arising from the use of the Web Site/Mobile Apps.
5. Copyrights and restrictions on use of materials
Jemstep owns and operates the Web Site/Mobile Apps. All information and materials contained on the Web Site/Mobile Apps are subject to copyright and/or trademark protection laws. All content and tools on the Web Site/Mobile Apps is owned by Jemstep, except content clearly identified with other persons, which is the property of their respective owners. All trademarks, service marks, and trade names displayed on the Web Site/Mobile Apps are proprietary to Jemstep, except those clearly identified with other persons, which are the property of their respective owners.
6. Copyright agent
Jemstep respects the intellectual property rights of others, and we ask all those that access the Web Site/Mobile Apps to do the same. Pursuant to Section 512(c) (2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Jemstep designates an agent as described below, to receive notifications of claimed infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide Jemstep's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Jemstep's Copyright Agent for Notice of claims of copyright infringement on its site is Anne Gerry who can be reached as follows:
c/o Invesco Ltd.
1555 Peachtree St. NE
Atlanta, GA 30309
7. Limited License and Web Site/Mobile Apps Access; All Rights Reserved
Jemstep hereby grants you a limited, non-exclusive and revocable license to access and make personal use of the Web Site/Mobile Apps, but not to download (other than page caching and mobile applications to authorized platforms) or modify them, or any portion of them, except with the express prior written consent of Jemstep. We (or the respective third party owners of related content) retain all right, title, and interest in the Web Site/Mobile Apps and any content, features and services offered on the Web Site/Mobile Apps, including any and all intellectual property rights. We (or the respective third party owners of content in or on the Web Site/Mobile Apps) reserve all rights not expressly granted. Any unauthorized use, including but not limited to those described in Section 8 below, terminates the permission or license granted by Jemstep hereby. Jemstep may suspend or terminate your access to the Web Site/Mobile Apps for any reason, without prior notice.
8. Restrictions and Prohibited Uses
Any use or attempted use of the Web Site/Mobile Apps (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party's use and enjoyment of the Web Site/Mobile Apps, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Jemstep to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Jemstep, or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, users and visitors of the Web Site/Mobile Apps may not:
a. Copy, reproduce, republish, upload, post, transmit, or distribute in any way material from the Web Site/Mobile Apps in any manner inconsistent with the purposes for which it is offered by Jemstep to its customers, prospective customers or members of the general public.
b. Without Jemstep's express written permission, copy, modify, or display Jemstep's name or logo, or any text, graphic images, or other content from the Web Site/Mobile Apps.
c. Redeliver any of the pages, text, images, or other content of the Web Site/Mobile Apps using "framing" technology without Jemstep's express written permission.
d. Use devices (including software) that are designed to provide repeated automated access to the Web Site/Mobile Apps other than those made generally available by Jemstep.
e. Include "Jemstep", Jemstep any other Jemstep trademark, the name of any Jemstep personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user and/or site and Jemstep.
f. Collect or store personal data about other users of the Web Site/Mobile Apps.
g. Upload, email or otherwise transmit to the Web Site/Mobile Apps any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware of file communications equipment that is owned, leased or used by Jemstep.
h. Create a link to the Web Site unless the user or the operator of the other web site has executed Jemstep's then standard agreement for the granting of permission to establish such a link. Please select or click here to contact us to request a copy of Jemstep's Hyperlink/Trademark Agreement.
i. Resell or provide commercial use of the Web Site/Mobile Apps or the content therein, or any create any derivative use of the Web Site/Mobile Apps or the content therein; or any use of data mining, robots, or similar data gathering and extraction tools.
j. Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose the Web Site/Mobile Apps without the express prior written consent of Jemstep.
Jemstep reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Jemstep may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Jemstep reserves the right at all times to disclose any information as Jemstep deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Jemstep' sole discretion.
9. Connection Requirements; Passwords and Security
To ensure a high level of confidentiality and security, Jemstep maintains physical, electronic and procedural safeguards that meet or exceed federal standards. However, you are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Web Site/Mobile Apps, and Jemstep reserves the right to change the access configuration of the Web Site/Mobile Apps at any time without prior notice. The Mobile Apps should be accessible on currently supported iPad® devices. iPad® is a registered trademark of Apple Inc. Please note that wireless networks and Wi-Fi network speeds vary by provider and geographic location. We are not responsible for limitations of such services used to access the Web Site/Mobile Apps.
The Mobile Apps will provide you with general information about Jemstep and its products and services. To access detailed information about certain Jemstep accounts you may be enrolled or subscribe to, an Internet link within the Mobile App will direct you to the appropriate login page of the Web Site. From there, you must provide your login credentials to access available account information. To open an account on the Web Site or access any password protected content either on the Mobile Apps or Web Site, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You will be logged out of certain secure portions of the Web Site after a period of inactivity, at which time you will be required to re-enter your credentials to access secure information. You agree to (a) immediately notify Jemstep of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Jemstep will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Jemstep or another party due to someone else using your account or password. You may not use anyone else's account at any time.
You may not use the Web Site/Mobile Apps to collect or harvest personal information about other persons or otherwise use the Web Site/Mobile Apps in a manner that is inconsistent with their privacy or personal data protection rights.
We gather information when you fill out a secure "request a demo" form. We also collect general tracking information through our Web Site/Mobile Apps, such as which pages are viewed at which times, automatically through our web server software. The tracking information is used to give us a summary view of how our Web Site/Mobile Apps are used. Currently, we track IP addresses and Mobile App installation IDs of our users on the Web Site and within the Mobile Apps in order to provide us with information that will improve our services and help us analyze the data to determine customer interest.
We may conduct surveys regarding our products and services, including the operation of our Web Site/Mobile Apps. The information you provide is used only on an aggregated basis and is analyzed only to improve our products and services and for company management and planning purposes. You will not receive communications as a result of your participation in one of our surveys if you notify us not to contact you.
11. Contents of the Web Site/Mobile Apps – DISCLAIMER
THE MATERIALS IN AND ON THE WEB SITE/MOBILE APPS (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE WEB SITE/MOBILE APPS ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JEMSTEP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. JEMSTEP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEB SITE/MOBILE APPS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THE WEB SITE/MOBILE APPS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. JEMSTEP UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.
CERTAIN LINKS IN THE WEB SITE/MOBILE APPS MAY LINK YOU TO OTHER SITES ON THE WORLD WIDE WEB. THE LINKED SITES ARE NOT UNDER THE CONTROL OF JEMSTEP AND JEMSTEP IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. JEMSTEP IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. JEMSTEP PROVIDES THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY JEMSTEP TO, OR AN ENDORSEMENT BY JEMSTEP OF, THE LINKED SITE.
12. Operation of the Web Site/Mobile Apps — DISCLAIMER
Jemstep endeavors to maintain the Web Site/Mobile Apps and their operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Web Site/Mobile Apps or its operation. AS TO THE OPERATION OF THE WEB SITE/MOBILE APPS, JEMSTEP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JEMSTEP MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEB SITE/MOBILE APPS WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE WEB SITE/MOBILE APPS WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE/MOBILE APPS WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT JEMSTEP) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THE WEB SITE/MOBILE APPS.
13. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL JEMSTEP BE LIABLE FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THe WEB SITE/MOBILE APPS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE IN THE WEB SITE/MOBILE APPS OR THE UNAVAILABILITY OF THE WEB SITE/MOBILE APPS. JEMSTEP SHALL NOT BE LIABLE EVEN IF JEMSTEP OR A JEMSTEP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
14. Limitations as to Sections 11, 12 and 13 herein
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL JEMSTEP'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR ACCESSING THE WEB SITE/MOBILE APPS AND $50.00 USD.
You agree to defend, indemnify and hold harmless Jemstep, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney's fees that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Web Site/Mobile Apps or content therein, your breach of the Terms, as may be modified from time to time in Jemstep's sole discretion, your inability to access the Web Site/Mobile Apps, the use of any linked web sites, your reliance on any errors or omissions in the Web Site/Mobile Apps, or the propagation and/or contraction of any computer virus in connection with your use of the Web Site/Mobile Apps and/or the related content.
16. Transmissions of Data
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this website may not be secure. Delivery, and timely delivery, of electronic mail is also not guaranteed. Jemstep therefore recommends that you do not send time-sensitive or action-oriented messages to us via electronic mail. Such requests, orders, or instructions will not be processed until we can confirm your instructions or obtain appropriate written documentation where necessary.
Any notices to you from Jemstep regarding the Web Site/Mobile Apps or these Terms will be posted on the Web Site/Mobile Apps or made by e-mail or regular mail. When you visit the Web Site/Mobile Apps or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Site/Mobile Apps. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. Neither these Terms, nor any content, materials or features of the Web Site/Mobile Apps create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way. If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.